Relations Between The Branches AO1 Flashcards

1
Q

What was the outcome of the Factortame Case (1990)?

A

The ECJ struck down an Act of Parliament.

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2
Q

What influences a country’s power in the EU?

A

A bigger population leads to more influence in the EU.

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3
Q

What was Major’s opt-out regarding the EU?

A

Major opted out of the EU social chapter.

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4
Q

What was the UK’s opt-out related to?

A

The UK opted out of Prisoner voting rights.

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5
Q

How many referendums did the UK have before 1997?

A

Before 1997, the UK had only 4 referendums.

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6
Q

How many national referendums has the UK had since 1997?

A

Since 1997, there have been 8+ national referendums and more regional.

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7
Q

What convention had to be followed after the Brexit referendum?

A

The Brexit referendum outcome had to be followed as a convention.

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8
Q

What did the 2014 Inderef lead to?

A

The 2014 Inderef led to devolution in Scotland.

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9
Q

What significant acts were made without a referendum?

A

The 1999 Lords Reform Act and the 2005 Constitutional Reform Act were made without a referendum.

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10
Q

What is the AMS used for in Wales and Scotland?

A

Wales and Scotland have different legislation on tuition fees, but both use the Additional Member System (AMS).

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11
Q

What is being discussed in Scotland related to Inderef?

A

There is talk of Inderef 2 in Scotland.

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12
Q

What power did Westminster recall regarding Northern Ireland?

A

Westminster recalled the transfer of power several times with the Northern Irish Assembly.

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13
Q

What happened to Blair in Parliament until 2005?

A

Blair suffered no defeats in Parliament until 2005.

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14
Q

What intervention did May make in 2018?

A

May intervened with Syria without a vote in Parliament.

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15
Q

What happened to May’s Brexit deal in Parliament?

A

May’s Brexit deal suffered 3 consecutive defeats in Parliament.

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16
Q

What was the outcome of Cameron’s vote regarding military action?

A

Cameron’s vote to send military to Syria was rejected by Parliament.

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17
Q

What is the state of separation of powers in the UK?

A

There is no separation of powers or codified constitution.

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18
Q

When was the Supreme Court established?

A

The Supreme Court was established on October 1, 2009.

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19
Q

What was the Miller case (2016) about?

A

The Miller case was about where constitutional powers lie (government or all of Parliament).

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20
Q

Why are Supreme Court judges considered not democratic?

A

Supreme Court judges aren’t elected.

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21
Q

What was ruled incompatible with ECHR in 2004?

A

The 2004 prisoners voting rights ban was ruled incompatible with ECHR, challenging Parliamentary sovereignty.

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22
Q

What was the outcome of Johnson’s advice to prorogue Parliament in 2019?

A

Johnson’s advice to prorogue Parliament was ruled unlawful.

23
Q

What evidence did Cummings provide in 2011?

A

Cummings provided 7 hours of evidence against Johnson about the handling of the pandemic.

24
Q

What is the basis of the government’s democratic power?

A

The government’s democratic power is based in Parliament.

25
Q

What was ruled ultra vires in 2010?

A

Brown’s Asset Freezing was ruled ultra vires.

26
Q

What are examples of declarations of ultra vires?

A

2019: Prorogation (Johnson), 2010: Asset Freezing (Brown).

27
Q

What are examples of declarations of incompatibility?

A

2001: Anti-terrorism Crime and Security Act, 2004: Civil Partnerships Act.

28
Q

What does the Supreme Court uphold?

A

The Supreme Court upholds the rule of law, strengthening Parliamentary sovereignty.

29
Q

What additional powers has the Supreme Court taken on?

A

The Supreme Court has taken on additional powers at the expense of Parliament.

30
Q

What did the Supreme Court rule in 2021 regarding Scottish government Bills?

A

The Supreme Court ruled that parts of 2 Scottish government Bills were outside the legislative competence of the Scottish Parliament.

31
Q

What was the outcome of Trump vs. Scottish ministers in 2015?

A

Trump ruled against the Scottish ministers.

32
Q

How are judges appointed in the UK?

A

Judges are appointed until retirement.

33
Q

What was ruled unlawful in 2023?

A

The Rwanda scheme was ruled unlawful.

34
Q

What cases were ruled against in relation to Belmarsh prison?

A

The Belmarsh prison case and control orders were ruled against.

35
Q

What does the Human Rights Act (HRA) increase?

A

The HRA is externally determined, increasing independence.

36
Q

What is the representation of female and ethnic minority judges in 2017?

A

Only 1/5 of High Court judges are female, and ethnic minority judges are well below the 1/10 needed to be representative.

37
Q

Where do most judges come from?

A

Judges are overwhelmingly from Oxbridge/public school.

38
Q

What was determined in Donoghue v Stevenson (1932)?

A

It determined whether a duty of care exists between parties in negligence cases.

39
Q

What is the Judicial Diversity & Inclusion Strategy (2020-2025)?

A

It aims to improve diversity in the judiciary.

40
Q

What power does the Lord Chancellor have regarding judicial appointments?

A

The Lord Chancellor can reject Judicial Appointment Commission’s nominations.

41
Q

What happened in 2011 regarding judicial appointments?

A

Ken Clarke (Lord Chancellor) rejected two members selected.

42
Q

What was the impact of the 2005 Constitutional Reform Act?

A

It increased independence by separating the Supreme Court from the House of Lords and establishing the Judicial Appointments Commission.

43
Q

What scandal involved Prince Charles?

A

The Black spider memos scandal involved Prince Charles’ involvement in political decisions.

44
Q

What does Article 50 imply about the Judiciary?

A

Article 50 means the Judiciary is too independent.

45
Q

What was the outcome of the 2009 bank overdraft cases?

A

Victims didn’t get refunded, showing the Supreme Court prioritizes law over emotion.

46
Q

What was the ruling regarding the two-child benefit cap?

A

The two-child benefit cap was ruled to be legal.

47
Q

What happened in 2011 regarding prisoners’ voting rights?

A

MPs voted to keep the Prisoner’s voting rights ban.

48
Q

What has happened to judicial reviews since the Human Rights Act?

A

There has been a rise in judicial reviews since the second implication of the Human Rights Act.

49
Q

What challenge was made regarding funding cuts to Lewisham Hospital?

A

Jeremy Hunt’s funding cuts were challenged via judicial review in 2013.

50
Q

What was the outcome of the 2013 Books for Prisoners case?

A

The case highlighted issues regarding prisoners’ rights.

51
Q

What did the 2015 Criminal Justice and Courts Act state?

A

It stated that judicial reviews must be brought by the claimant, not a secondary party, decreasing judicial reviews by 44%.

52
Q

What changes occurred in 2022 regarding executive decisions?

A

There were more chances for the executive to avoid decisions being declared illegal and quashed.

53
Q

What did the Conservatives want to replace the Human Rights Act with?

A

The Conservatives wanted to replace the Human Rights Act with a British Bill of Rights.